Wolfe v. New Bedford Cordage Co.
Massachusetts Supreme Judicial Court
Tort, by an apprentice employed in a machine shop of the defendant to assist the machinist in repairing machinery, for the loss of an eye, from one of the teeth or needles attached to the bars of a machine which he was assisting to repair flying ■off and striking the plaintiff in the eye, while under the direction of the machinist he was trying to separate two of the bars of the machine with a crowbar furnished by the defendant for the purpose, in order to release a part of…
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Tort, by an apprentice employed in a machine shop of the defendant to assist the machinist in repairing machinery, for the loss of an eye, from one of the teeth or needles attached to the bars of a machine which he was assisting to repair flying ■off and striking the plaintiff in the eye, while under the direction of the machinist he was trying to separate two of the bars of the machine with a crowbar furnished by the defendant for the purpose, in order to release a part of a broken endless chain which had become snarled, so that it could be reconnected. Writ dated September 22, 1902. In the…
1Opinion of the CourtBraley, J.
While the declaration contained a count charging negligence in setting the plaintiff at work to help repair a finish*592ing frame without warning him of the danger that the teeth or needles on the endless chain might break, and if they did he might be injured, he rests his right to recover principally on a failure to provide him with suitable appliances with which to make the repairs.
The frames in the defendant’s factory were of different sizes. On the largest machines because of the weight of the chain a tackle was used to lift it out, but the undisputed testimony of the machinist in charge of…
2Cases cited4 opinions
- Wagner v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1905
- Meehan v. Holyoke Street Railway Co.Massachusetts Supreme Judicial Court · 1904
- Fuller v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1900
- Slattery v. Pratt Manufacturing Co.Massachusetts Supreme Judicial Court · 1901
3Cited by11 opinions
- Commonwealth v. SpiropoulosMassachusetts Supreme Judicial Court · 1911
- Buzzell v. R. H. White Co.Massachusetts Supreme Judicial Court · 1915
- Lively v. American Zinc Co.Tennessee Supreme Court · 1916
- Walsh v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1933
- Rivers v. RichardsMassachusetts Supreme Judicial Court · 1913
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